Violation of law?
We call your attention to Nebraska Statute 84-1410 concerning the Nebraska Open Meetings law.
There is a statement, mid-page, which states: "Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body."
This statement prohibits an action as was apparently taken by the McCook City Council in agreeing to and offering a contract to John Bingham as McCook City Manager.
In light of this apparent violation of Statute 84-1410, we would like to recommend that the contract with John Bingham be rescinded and be declared null and void. The statute itself states that any action taken in the above manner is automatically void.
We also fail to understand how the above mentioned contract was dated and signed on March 6, 2006, by John Bingham, barring his presence in McCook on that day.
It is our recommendation that a public meeting be called on or before March 16, 2006, to allow the citizens of McCook to express their opinions on this matter. Should the council fail to hold such a meeting, and/or fail to abide by the majority of those expressed opinions, it may be necessary for legal action to be taken against individual council members.
It is our stated desire that this matter be settled in a peaceful manner and resolved without great conflict.
However, we are prepared to file motions causing legal action to be taken if necessary.